Biru Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35346 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== BIRU KUMAR PASWAN Son of Sajiwan Paswan Resident of VillageBirdipur, P.S.- Simri, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366A and 34 of the Indian Penal Code.

Allegation is that on 07.12.2020 at 5 p.m., the daughter of the informant went from house for taking goods from kirana shop but she did not return back. The informant has suspected that the accused persons including the petitioner kidnapped the daughter of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.35346 of 2021(2) dt.09-03-2022 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has further been submitted on behalf of the petitioner that the victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had left the house out of her own will. She has not supported the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Darbhanga in connection with Simri P.S. case No.268 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.